竞协限制协议问答-竞业限制知识大全|极兔竞调
问：将竞业限制范围扩大到用人单位的关联公司或员工入职单位的关联公司，是否有效？
答：具体问题具体分析。若未明确列举关联公司包括哪些，或者未明确企业名称或业务范围的，法院一般不予认可。
问：若协议没有把竞争公司的关联公司纳入条款中，但是员工实际入职了关联公司，原单位是否还有救济途径？
答：原单位需要证明员工实际上是为竞争公司工作的事实。
问：员工入职的新用人单位虽然与原单位存在竞争关系，但是非竞争关系岗位，员工是否违反了竞业协议？
答：法院审查员工是否违反竞业限制约定时，往往基于新旧用人单位之间是否存在竞争关系，一般不会审查员工的实际工作
内容是否存在竞争。
问：自行拍摄的视频显示劳动者在某些时间段出入有竞争关系的新用人单位办公室场所，法院是否认可证据的有效性？
答：视频虽未经劳动者同意拍摄，但拍摄的地点系公共区域，并不属于违法违法获取的的证据。
问：新单位明知员工负有竞业限制义务而招用，承担连带责任吗？
答：上海的司法实践不会支持承担连带责任。但深圳等少部分地区会支持
极兔竞调，专注竞业限制12年，关注我，教你如何破局！
Q: Is it effective to expand the scope of non compete restrictions to affiliated companies of the employer or
affiliated companies of the employee's employer?
Answer: Specific issues will be analyzed on a case by case basis. If the affiliated companies are not clearly listed,
or the company name or business scope is not specified, the court generally does not recognize them.
Q: If the agreement does not include affiliated companies of competing companies in the terms, but the
employee actually joined the affiliated company, does the original unit still have a remedy?
Answer: The original unit needs to prove the fact that the employee is actually working for a competing company.
Question: Although there is a competitive relationship between the new employer and the original employer, has
the employee violated the non compete agreement for non competitive positions?
Answer: When the court reviews whether an employee has violated the non compete agreement, it often relies
on whether there is a competitive relationship between the new and old employers, and generally does not
examine whether there is competition in the actual work content of the employee.
Q: Does the court recognize the validity of the evidence that the self recorded video shows workers entering
and leaving the office premises of a new employer with competitive relationships during certain time periods?
Answer: Although the video was filmed without the consent of the worker, it was filmed in a public area and
does not constitute evidence obtained illegally.
Q: Does the new company assume joint and several liability for hiring employees knowing that they have a
non compete obligation?
Answer: Shanghai's judicial practice does not support joint liability. But a few regions such as Shenzhen will
support it
Jitu Competitive Adjustment, focusing on non compete restrictions for 12 years, follow me and teach you
how to break through!
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